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PEOPLE v. FALKNER

No. 77-139.

61 Ill. App.3d 84 (1978)

377 N.E.2d 824

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT FALKNER, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed June 15, 1978.

Attorney(s) appearing for the Case

Mary Robinson and Rosetta Hillary, both of State Appellate Defender's Office, of Elgin, for appellant.

Gene L. Armentrout, State's Attorney, of Geneva (Phyllis J. Perko and Martin P. Moltz, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Conviction affirmed as modified, sentence vacated and cause remanded.

Mr. JUSTICE NASH delivered the opinion of the court:

After trial by jury defendant, Robert Falkner, was convicted of the offense of felony murder (Ill. Rev. Stat. 1975, ch. 38, par. 9-1(a)(3)) and sentenced to a term of 15 to 30 years imprisonment. He appeals contending that commission by him of the underlying forcible felony alleged in this...

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